Inteco Melting and Casting Technologies Gmbh and Anr. Vs Union of India and Anr. — Delhi HC (2025) — LawSathi Research

Inteco Melting and Casting Technologies Gmbh and Anr. Vs Union of India and Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of as withdrawn; respondent directed to return bank guarantee Nos. 0179FIG009719 dated 19.07.2019 and 0179FIG0152020 dated 04.02.2020 expeditiously and not later than 4 weeks; letter dated 02.09.2025 taken on record; petitioner left free to pursue any other grievance in accordance with law.

Issue for consideration

Whether, in view of the respondents' letter dated 02.09.2025 admitting that encashment of the bank guarantees was no longer required and that they would be returned upon withdrawal of the petition, the petition should be permitted to be withdrawn and the bank guarantees returned.

Court's answer

Since the petition was being disposed of as withdrawn, the Court directed the respondent to return bank guarantee Nos. 0179FIG009719 dated 19.07.2019 and 0179FIG0152020 dated 04.02.2020 expeditiously and not later than 4 weeks from today.

Ratio / Principle

The petition is disposed of as being withdrawn.

Key takeaways

In case there is any other grievance, the petitioner is at liberty to avail all its legal rights in accordance with law.obiter¶¶20

Detailed headnote1 paragraphs

O.M.P.(I)(COMM.) 199/2025 (Inteco Melting and Casting Technologies GmbH and Anr. v. Union of India and Anr.), High Court of Delhi, Jasmeet Singh, J., order dated 02.09.2025: Following this Court's interim order of 26.05.2025 restraining the respondent from encashing the bank guarantee in question, counsel for the petitioner handed over a letter dated 02.09.2025 issued by respondent No. 1, wherein the respondents admitted that there was no requirement of encashment of the bank guarantees in favour of Metal & Steel Factory (A Unit of Yantra India Limited) — the petitioner-firm having complied with all observations raised during the warranty period and completed all contractual obligations — and undertook to return the bank guarantees once the petition was withdrawn. Counsel (Mr. Gautam Narayan, Sr. Adv.) accordingly withdrew the petition on instructions. The Court disposed of the petition as withdrawn, directed the respondent to return bank guarantee Nos. 0179FIG009719 dated 19.07.2019 and 0179FIG0152020 dated 04.02.2020 expeditiously and not later than 4 weeks, took the letter dated 02.09.2025 on record, and reserved the petitioner's liberty to pursue any other grievance in accordance with law.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- O.M.P.(I) (COMM.) 199/2025

INTECO MELTING AND CASTING TECHNOLOGIES GMBH

AND ANR. .....Petitioners

Through: Mr. Gautam Narayan, Sr. Adv. with Mrs. Parul Kashyap, Mr. Sukrit Seth, Mr. Sumer Dev Seth, Advs.

versus

UNION OF INDIA AND ANR. .....Respondents Through: Mr Sandeep Chaturvedi, Adv.

CORAM: HON'BLE MR. JUSTICE JASMEET SINGH

%

O R D E R 02.09.2025

On 26.05.2025, this Court was pleased to restrain the respondent from encashing the bank guarantee in question.

Mr. Narayan, learned senior counsel for the petitioner has handed over a letter dated 02.09.2025, wherein the respondents have admitted that there is no requirement of encashment of bank guarantees and as and when the present petition is withdrawn, the bank guarantees will be returned by the respondents.

The relevant part of the letter reads as under:

“ MSF letter u/ref(ii) was communicated to Canara Bank for encashment of BG for since firm failed to comply the terms of S.O. However, M/s INTECO comply all the observations raised during

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/09/2025 at 12:15:32

warranty period now. It is further intimated that at present there is no requirement of encashment of mentioned Bank Guarantees in favour of Metal & Steel Factory (A Unit of Yantra India Limited), as firm has completed all the contractual obligations .”

In view of the letter dated 02.09.2025 issued by respondent No. 1, Mr. Narayan, learned senior counsel, seeks to withdraw the petition on instructions.

For the reasons stated above and since the present petition is being disposed of as withdrawn, the respondent shall return the bank guarantee Nos. 0179FIG009719 dated 19.07.2019 and 0179FIG0152020 dated 04.02.2020 expeditiously and not later than 4 weeks from today. 6. In case there is any other grievance, the petitioner is at liberty to avail all its legal rights in accordance with law.

The petition is disposed of as being withdrawn.

The letter dated 02.09.2025 is taken on record.

JASMEET SINGH, J

SEPTEMBER 2, 2025/DM

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/09/2025 at 12:15:32